(b) “The Customer” means the company, person or
persons described as Customer in the Application for Credit Account form
attached hereto.

(c) “The Applicant/s” means the Director or
Directors or person or persons described as Applicant/s in the
Application for Credit Account form attached hereto.

(d) “Terms and Conditions” means the Terms and
Conditions of Sale contained herein.

(e) “Goods” means the goods and/or services
described in the Quotation/s and invoice/s for goods sold and/or
services rendered to the Customer by the Supplier at the Customer’s or
Applicant’s/s’ request.

(f) “Equipment” means all of the items comprising
the Goods excluding: (i) all items of a consumable nature (such as tubes
and their components, illumination sources, items made wholly or partly
of glass silica or ceramic material, transient protection components,
thermocouples, batteries, photographic film and materials, electrical
elements and microprocessors): and (ii) reconditioned replacement parts (such as
exchange circuit boards).

(g) “Quotation” means the document issued by the
Supplier to the Customer outlining its estimate of the cost for the
provision of specified Goods and/or services.

(h) “The Warranty” means the warranty of the
manufacturer of the Goods and Equipment referred to herein and in
Quotations and invoices of the Supplier.

1. GENERALThese Terms and Conditions of Sale form part of the
Application for Credit Account. These Terms and Conditions of Sale also
form part of Quotations and tenders issued by the Supplier. If any part
of these Terms and Conditions becomes illegal, invalid or unenforceable,
the legality, validity and enforceability of the remainder of the Terms
and Conditions will not be affected.

2. VARIATION These Terms and Conditions may be amended, replaced
or deleted from time to time by the Supplier and those Terms and
Conditions so altered shall form the contract between the parties after
notice of the altered Terms and Conditions has been forwarded to the
Customer in accordance with these Terms and Conditions. Any request by
the Customer for variation of these Terms and Conditions shall be made
in writing to the Supplier and if the Supplier accepts any such
variation, such acceptance shall be made in writing to the Customer in
accordance with these Terms and Conditions. Unless expressly accepted in
writing by the Supplier prior to delivery of the Goods, any variations
of or additions to these Terms and Conditions in a Customer’s order or
order form shall be deemed to be inapplicable. The Supplier shall have
an absolute discretion to refuse to make any amendment to these Terms
and Conditions.

3. QUOTATIONSQuotations are valid for a period of thirty (30)
days from date of issue by the Supplier or as otherwise specified in the
Quotation. Prices given in any Quotation by the Supplier are applicable
to that Quotation only and will not apply in any other instance. Any
person who accepts the Quotation warrants that he is the Customer or is
duly authorized by the Customer to place the order.

4. VALIDITYUnless otherwise stated therein all Quotations and
tenders are issued subject to confirmation by the Supplier on receipt of
order.

5. CHANGE IN ADDRESS AND/OR OWNERSHIPThe Customer and Applicant/s agree to advise the
Supplier in writing of any change of ownership of the Customer or of any
change of address for forwarding of invoices, statements, accounts and
notices, no later than fourteen (14) days prior to any such change of
address or proposed changes of ownership and the Customer shall remain
liable for payment for all Goods supplied to the Customer until such
time as the Supplier receives written notice of such change or changes
and releases the Customer on terms satisfactory to it.

6. SERVICE OF NOTICESAny notice given by the Supplier to the Customer
shall be deemed to have been properly given if such notice is either
posted to the last known trading address of the Customer or to the
address to which the Supplier normally renders its accounts to the
Customer or by transmitting such notice by facsimile transmission to the
last known facsimile number of the Customer or by electronically
forwarding such notice by email to the last known email address of the
Customer. Receipt of such notices shall be deemed to have occurred TWO
working days after posting or the day the facsimile transmission is
transmitted or the electronic forwarding is emailed by the Supplier.

7. PRICESPrices for Goods that are quoted “ex-stock” are
firm for thirty (30) days from the date of Quotation subject to existing
stock being available. Goods quoted ex-stock are subject to prior sale
by the Supplier unless it is otherwise stated in writing in the
Quotation or other correspondence. Prices for Goods that are not quoted
“ex-stock” are based on prices quoted to the Supplier by its suppliers
and the rates of freight, foreign currency exchange, insurance premiums,
customs duties, subcontracted Iabour, taxation, supply or usage known to
the Supplier at the time of Quotation. Unless otherwise stated, in the
event of any increase in these rates or in the price of components,
services, products or goods quoted to the Supplier by its shippers
before acceptance of any order or prior to delivery of the Goods to the
Customer then the cost to the Supplier entailed in such increase/s shall
be added to and form part of the purchase price and be payable by the
Customer accordingly. PROVIDED THAT notwithstanding the preceding
provisions of this Condition the cost of any increases in labour or
labour-related overheads or materials that occur after the time of
Quotation or acceptance of the Customer’s order by the Supplier but
before delivery of the Goods, shall, unless otherwise stated in writing
be added to the purchase price of the Goods that are being provided by
the Supplier. If any pricing discount is negotiated by the Customer
subject to a certain minimum quantity or value of product being
purchased in a specified time period and the Customer does not honour
the purchase of the quantity or value specified within the period, then
the Supplier shall be entitled to invoice the Customer at a higher price
per unit than normally charged by the Supplier for sales of similar
quantities and delivery conditions.

8. SALES TAX, ETC.All prices quoted are exclusive of the Goods and
Services Tax (GST) unless otherwise stated. Prices quoted as “firm” are
also subject to increase if there are changes in taxation. All such
taxes shall be payable by the Customer and may be added to the purchase
price by the Supplier as appropriate. It is the sole responsibility of
the Customer to provide written evidence of any exemption claimed for
Sales Tax or other taxes or duties, and any error or omission in such
documentary evidence shall be to the account of the Customer including
penalties or fines levied by any competent Authority in respect to such
error or omission.

9. STAMP DUTY, ETC.All legal costs, stamp duty and other expenses
incurred by the Supplier in respect of any application for a credit
facility any written agreement with the Supplier of whatsoever nature,
any guarantee, security document or other documentation required for the
trading between the parties and other costs incidental thereto, shall be
paid by the Customer upon invoicing by the Supplier to the Customer.

10. EXPENSES, ETC.The Customer shall pay to the Supplier any costs,
charges and expenses incurred in its enforcing its rights under the
Terms and Conditions contained herein and including but not necessarily
limited to any Collection Agency commission, fees, costs and expenses or
solicitors’ fees, costs and expenses howsoever incurred and due and
payable by the Supplier to such agent or solicitor as a consequence of
any default by the Customer or Applicants under the provisions of these
Terms and Conditions AND the liability of the Customer to pay such
commission, fees, costs or other expenses associated therewith, arises
immediately any account of the Customer is placed in the hands of such
collection agency or solicitor.

11. PAYMENT TERMSIn the event the Supplier approves a credit account
for the Customer, the Customer shall, unless otherwise agreed in
writing, pay to the Supplier all monies owing within thirty (30) days of
date of invoice for the Goods sold in relation to which the monies are
owed. In the event payment is not made in accordance with these Terms
and Conditions then all monies owed to the Supplier shall immediately
become due and payable and shall be paid by the Customer within seven
(7) days of the date of demand and the Supplier shall be entitled to
charge and be paid interest on all overdue accounts on the outstanding
balance from the date of invoice until the date of actual payment on a
daily balance basis at a rate of interest pursuant to Section 142 of the
Supreme Court Act 1935.If the Supplier approves this application, then
notwithstanding that the Customer may conduct a credit facility with the
Supplier, the Supplier shall not be bound to deliver Goods on behalf of
the Customer until all monies owing and overdue to the Supplier by the
Customer for prior orders and/or requests, are paid to the Supplier. In
the event that the Supplier elects as a result of the Customer’s prior
indebtedness to the Supplier not to deliver Goods, the delivery or
completion date referred to in any request or order shall be replaced by
a date to be specified by the Supplier after the date of satisfaction of
the Customer’s prior indebtedness to the Supplier.Any failure by the Supplier to insist upon strict
performance of any term or condition of any contract including any
extenuating agreement for the granting of a temporary extension of time
in which to pay, between the parties or any term or condition hereof
shall not constitute nor be construed or be taken either directly or by
implication as a waiver thereof or a waiver of any similar or subsequent
breach and the rights of the Supplier to enforce these Terms and
Conditions and those of any other contract shall remain valid and
subsisting.

12. FORCE MAJEUREShould the Supplier be prevented from providing
Goods on any order at any time by reason of an Act of God or strikes,
lockouts, riots, fires, inclement weather, war, insurrection or civil
disturbance, failure of information technology systems, accident,
non-delivery of materials or parts to the manufacturers by their
suppliers, delays loss or damage in transit, the unavailability of
shipping or air cargo space, government action or any other causes or
contingencies beyond the Supplier’s control or the control of the
Supplier’s suppliers, the time for providing of such Goods shall be
extended until the cause or causes preventing such delivery, provision
and/or services has ceased or the order or request has at the Supplier’s
option been annulled without any penalty or expenses to or claims
against the Supplier AND FURTHER should the Supplier be prevented from
providing Goods requested by the Customer by reason of any of the causes
aforementioned, the Supplier shall be entitled to provide or deliver
such part of the Goods as it is able and the Customer shall accept those
Goods and the Supplier shall be entitled to charge the Customer for
those Goods pursuant to the request of the Customer and the Customer
shall pay progress invoices for partial supply of Goods.

13. SALES AND TECHNICAL LITERATUREIllustrations and descriptive literature supplied
by the Supplier to the Customer represent generally the goods specified
therein but may not comply in all respects with the Goods that are the
subject of this Quotation or supply. Due to a policy of continued
product and services improvement, technical specifications are subject
to change without notice by the Supplier at its sole discretion.

14. GOODS MANUFACTURED (by the Supplier’s
suppliers) SPECIFICALLY FOR CUSTOMER TO CUSTOMER’S DESIGNWhere the Goods are provided by the Supplier and/or
manufactured by the Supplier’s suppliers on the basis of information
provided to the Supplier by the Customer, the Supplier shall not be
liable for and the Customer releases the Supplier from any claims in
respect of faulty or defective design to the extent that the fault or
defect is attributable to the information or lack of information
provided by the Customer to the Supplier. In such case, the Customer
shall unconditionally indemnify the Supplier and hold it harmless
against product liability and any other direct claims, demands, actions
or proceedings made, brought or maintained against the Supplier by a
third party arising out of defects in the design of the Goods to the
extent that such defects are attributable to information provided by the
Customer to the Supplier or the failure by the Customer to provide all
material information to the Supplier.

15. GOODS MANUFACTURED WITH LABEL OTHER THAN THAT
OF MANUFACTURERThe Supplier may, in its absolute discretion,
accept orders and have its suppliers manufacture Goods of the
manufacturer’s proprietary design that are named, badged or labelled
with a name or logo other than that of the Supplier’s suppliers. In such
cases, the Customer covenants that the Customer shall not:(a) Market or use the Goods otherwise than in
strict accordance with the manufacturer’s specifications provided to the
Customer by the Supplier; and/or(b) Misrepresent the Goods to third parties as
being designed or manufactured by the Customer.The Customer covenants that the Customer shall
indemnify and keep indemnified the Supplier against product liability
and any other claims, demands, actions or proceedings made, brought or
maintained against the Supplier by a third party attributable to the
Customer giving a warranty or making a representation in respect of the
Goods extending beyond the terms of the manufacturer’s Warranty in these
Terms and Conditions.

16. SECURITYThe liability of the Customer and/or Applicants
shall not be abrogated, prejudiced or affected by the granting of time
or credit or any indulgence or other concession or by any compounding,
compromise, release, abandonment, waiver, variation, relinquishment or
renewal of any security or any of the rights of the Supplier or by any
neglect or omission to enforce any such rights. In the event of
bankruptcy, liquidation or any scheme of arrangement with any creditors
of the Customer or Applicant/s THEN the Customer and/or Applicant/s will
not prove any claim in competition with the Supplier.

17. INSTALLATIONThe Customer acknowledges that the Equipment must
be installed and earthed (where applicable) in strict accordance with
the manufacturer’s specifications and all relevant Australian
electricity and safety standards.

18. NOTIFICATION OF NONCONFORMITY OF GOODSSubject to the rights, if any, conferred on the
Customer by the Trade Practices Act 1974, the Customer shall inspect all
Goods provided by the Supplier to the Customer immediately upon receipt
thereof for defect or any shortage or other nonconformity to an order
for Goods and in the event of any alleged defect or shortage or other
nonconformity to any order, the Customer shall notify the Supplier no
later than seven (7) days from date of delivery. The Customer shall be
deemed to have accepted the condition and conformity of the Goods to the
order unless the Supplier receives such notification within the
specified period. Any claim in relation to a defect or other
nonconformity within the specified period, must be accompanied by the
article showing the alleged defect.

19. CANCELLATION OR RETURNSSubject to the rights, if any, conferred on the
Customer by the Trade Practices Act 1974: (a) The Customer shall not return Goods for credit
without prior written approval of the Supplier;(b) If goods are returned for any reason other than
not meeting the manufacturer’s specifications or an order is cancelled
for any reason, a restocking fee may apply.(c) Should goods being returned not be in an as-new
condition or should Goods be missing any items such as, but not limited
to, manuals, cables and packaging, the Customer will be invoiced for the
cost to bring the Goods to an as-new condition;(d) The Customer shall pay all freight, customs
duty, taxation, transaction costs, import/export costs, finance costs,
labour costs, penalties or fines, transport costs, and insurance charges
relating to returned Goods.

20. REPAIRS AND SERVICESubject to any conditions or implied warranties
that may be conferred on the Customer by the Trade Practices Act 1974:(a) The Supplier gives no express warranty of any
type in respect of’ any repair services that are performed by the
Supplier’s suppliers for the Customer,(b) The Customer shall pay all freight, customs
duty, transaction costs, import/export costs, transport costs, and
insurance charges, materials, consumables and labour costs relating to
Goods returned for repair services.

21. LOSS OR DAMAGE IN TRANSIT OR STORAGEAny liability of the Supplier for loss or damage
during transit or storage by the Supplier to any Goods or part thereof
purchased by the Customer is limited at the sole option of the Supplier
either to the replacement or part thereof of such Goods or to credit the
account of the Customer with the value of such Goods or part thereof
damaged.

22. PROCESS FOR CLAIM UNDER MANUFACTURER’S WARRANTYIn order to affect any claim under the
manufacturer’s Warranty the Customer and Applicant/s acknowledge that
the Customer or Applicant/s must firstly contact the Supplier to obtain
a Product Repair Authorisation Number and instructions on the inspection
and/or shipping of the Equipment back to the Supplier. The Customer and
Applicant/s acknowledge that the Supplier reserves the sole right to
determine whether any repair and/or replacement of Equipment under the
terms of the Warranty be carried out in situ or at a repair depot
nominated by the Supplier or at the Supplier’s premises. The Customer
and Applicant/s further acknowledge that the Customer is responsible for
all freight, insurance, and export/import costs, transaction costs, and
duties for the delivery and return of the Equipment returned to and or
from the Supplier and for all travel costs of representatives of the
Supplier to and from the site at which the Equipment is located and
accommodation costs involved when inspecting and/or repairing the
Equipment and the Customer and Applicant/s agree that the Supplier is
entitled to refuse to comply with its obligations under the
manufacturer’s Warranty until the Customer pays all such costs.

23. MANUFACTURER’S WARRANTY23.1 With regard to lightning transient and surge
protection Equipment the Customer and Applicant/s acknowledge that since
the atmospheric lightning discharge is a natural process that can
occasionally be totally unpredictable and also subject to the
statistical laws of nature with respect to ground density peak current,
discharge mechanism, multipulse, wave shape and polarity, a guarantee
cannot be made about the precise operation of the lightning transient
and surge protection Equipment. The Customer and Applicant/s further
acknowledge and recognise that lightning transient and surge protection
Equipment can only be provided to a certain statistical level and 100
per cent (100%) protection is not offered and cannot be provided for.
Whatever level of statistical risk chosen or recommended, the Customer
and Applicant/s acknowledge that lightning may miss or bypass direct
strike air terminals or systems or it may exceed the capacity of any
direct strike protection system or earthing system or transient or surge
protection device. The manufacturer and the Supplier accept no
responsibility for rare or abnormal events.

23.2 The manufacturer warrants that for the period
of the term of the manufacturer’s Warranty from the date of original
dispatch of the Equipment to the Customer, the Equipment will be, as
based on the manufacturer’s Warranty, free from defects in materials and
workmanship and will perform the functions specified in the
manufacturer’s specifications. The manufacturer’s Warranty does not and will not
cover:(a) Any defects if the Equipment is not installed
strictly in accordance with the manufacturer’s recommendations including
proper earthing;(b) Any defects arising from any cause other than
faulty materials or workmanship;(c) Any defect notified to the manufacturer after
the Equipment has been abused, misused or operated under conditions
exceeding the manufacturer’s specifications;(d) Any defect notified to the manufacturer after
the Equipment has been overhauled, altered, modified, repaired or
interfered with by any person not authorised by the manufacturer;(e) Any defect resulting from the negligence or
maltreatment, inattention or interference of the Customer, its servants,
employees or any other third party;(f) The repair or replacement of component parts
within the Equipment that is designed for surge and transient protection
or lightning protection or power conditioning where those parts have
been subjected to conditions beyond the manufacturer’s written
specifications or ratings;(g) Gradual or sudden degradation of component
parts within the Equipment that are designed for surge and transient
protection or lightning protection or power conditioning arising from
the number and/or severity of pulses diverted whether cumulative,
gradual or sudden; and(h) Any defect in the Equipment notified to the
manufacturer later than the applicable term of the manufacturer’s
Warranty from the original despatch of the Equipment to the Customer;(i) With regard to products using batteries, the
Customer and Applicant/s acknowledge that batteries are consumable
items, which have an undetermined product life that depends upon
conditions beyond the manufacturer’s control including but not limited
to environmental conditions of use and storage, technical application,
and operational history of discharge and recharge. Batteries will
require replacement at the Customer’s cost at regular intervals.

23.3 Except as provided in these Terms and
Conditions and except to the extent that the Trade Practices Act 1974 or
any other applicable legislation implies conditions and warranties into
the contract between the manufacturer and the Customer and prohibits
their exclusion, all express and implied warranties, guarantees and
conditions under common law as to merchantability, description, quality,
suitability or fitness of the Goods for any purpose or as to design,
assembly, installation, materials or workmanship or otherwise are hereby
expressly excluded and the manufacturer shall not be liable for physical
or financial injury, loss or damage or for consequential loss or damage
of any kind arising out of the supply, layout, assembly, installation or
operation of the Goods or arising out of the manufacturer’s negligence
or in any way whatsoever.

23.4 Where the Goods are other than those of a kind
ordinarily acquired for personal, domestic or household use or
consumption the manufacturer’s liability for breach of a condition or
warranty implied by Division 2 of Part V of the Trade Practices Act 1974
(other than Section 69) is hereby limited to:In the case of Goods, any one or more of the
following at the discretion of the manufacturer and/or Supplier:(a) Replacement of the Goods or supply of
equivalent Goods;(b) Repair of the Goods(c) Payment of the cost of replacing the Goods or
of acquiring equivalent Goods; or(d) Payment of the cost of having the Goods
repaired.

23.5 Where the Goods are other than goods of a kind
ordinarily acquired for personal, domestic, or household use or
consumption the manufacturer’s liability to the Customer under Section
74H of the Trade Practices Act 1974 is limited to a liability to pay to
the Customer an amount equal to:(a) The cost of replacing the Goods;(b) The cost of obtaining equivalent Goods; or
(c) The cost of having the Goods repaired,whichever is the lowest amount.

23.6 (a) If the manufacturer has either replaced or
repaired the Goods in response to a claim under the manufacturer’s
Warranty then the Warranty shall only continue to apply to the replaced
or repaired Goods until the expiration of the original warranty period.(b) The exclusion of liability contained in Clause
23.3 shall also apply to all Goods supplied by the manufacturer in
connection with the repair or replacement of the Goods again.(c) The limitation of liability contained in
Clauses 23.4 and 23.5 shall also apply to all Goods (other than those of
a kind ordinarily acquired for personal, domestic or household use or
consumption) that are supplied or provided by the manufacturer in
connection with the repair or replacement of the Goods again.

24. OWNERSHIPUnless otherwise agreed, risk shall pass to the
Customer upon delivery of the Goods. Notwithstanding that risk may have
passed to the Customer and/or the Applicant/s, title in and ownership to
any Goods sold to the Customer by the Supplier shall not pass to the
Customer but shall remain with the Supplier until receipt by the
Supplier of the full purchase price of the Goods as invoiced by the
Supplier. The Customer and Applicant/s shall not sell, offer for sale or
encumber or in any other way deal with or part with possession thereof
except in the normal course of business. If the Customer or Applicant/s
on-sells the Goods to a third party prior to paying the Supplier the
purchase price thereof, the Supplier shall be entitled to and be paid
within the Supplier’s Terms and Conditions as specified herein, the full
purchase price as invoiced by the Supplier of those Goods so on-sold.
The Customer and Applicant/s shall at all times keep the Goods insured
and maintain the Goods in a safe and marketable condition. In the event
that the Customer defaults in payment of any monies owing to the
Supplier or any term hereof or of any contract between the Customer
and/or the Applicant/s and the Supplier or if any credit facility is
terminated by the Supplier, the Supplier shall have the right at its
election (without giving notice) to the immediate return of the Goods
and shall be entitled, and is hereby expressly authorised by the
Customer and the Applicant/s to enter upon the premises of the Customer
or Applicant/s or any other premises at which the Goods are stored to
retake possession of the Goods sold to the Customer AND the Customer and
Applicant/s hereby expressly authorise and allow the Supplier or its
representative, servant, agent or employee to enter any premises upon
which the Goods are housed or stored for the purpose of retaking
possession thereof. The Supplier retains the right of resale of the
Goods in the event that it or its agent retakes possession of the Goods
and to be paid by the Customer any and all shortfall between that sale
price and the debt owing to the Supplier AND for the cost of repair
where damage to the Goods has occurred AND together with the damages
suffered by the Supplier as a result of the default by the Customer
and/or Applicant/s such damages to include but not be limited to the
legal costs and other expenses incurred in retaking possession of the
Goods. The Customer and Applicant/s shall have no claim against the
Supplier for any costs, losses, damages, expenses or any other monies or
loss of whatsoever nature suffered by the Customer and/or Applicant/s
resulting from such repossession or attempted repossession.

25. PRIVACY ACT, 1988(i) The Customer and Applicant/s acknowledge that
the Supplier has informed him her or them in accordance with 8.1 BE (8)
(c) of the Privacy Act, 1988 that certain items of personal information
about the Customer and Applicant/s, contained in this application and
permitted to be kept on a credit information file might be disclosed to
a Credit Reporting Agency.(ii) The Customer and Applicant/s agree that in
accordance with the provisions of 8.18K (1) (b) (e) (h and/or S.18L (4)
of the Privacy Act, 1988 that disclosure by a Credit Reporting Agency
and/or use by the Supplier of the relevant information referred to in
those sections may occur for the purposes of assessing this application
and the Customer and Applicant/s acknowledge that this agreement shall
continue to have effect to the duration of this contract in the event
that the Supplier approves this application under the Terms and
Conditions contained herein.(iii) The Customer and Applicant/s HEREBY
unconditionally agree that the Supplier shall be entitled to use the
services of Credit Reporting Agency from time to time to obtain
information concerning the Customer and/or the Applicants (and, with the
consent of its Directors where the Customer is a company, its Directors)
in order to assess the Customer’s credit worthiness.(iv) The Customer and Applicant/s acknowledge and
agree and: (a) where the Applicant is a partnership, each of its
Partners acknowledge and agree; (b) where the Applicant is a company,
each of its Directors acknowledge and agree that: 1. The Supplier may at any time, in relation to
either the Applicant/s, a Partner or a Director, (a) disclose
information contained in this Application for Credit Account concerning
that person to: (i) a Credit Reporting Agency in accordance with Section
18E(8)c of the Privacy Act, 1988; (ii) another credit provider; (b)
obtain a credit report from another credit provider about that person’s
commercial credit worthiness: (c) disclose information to another credit
provider about that person’s credit worthiness: (d) use information that
concerns that person’s commercial activities or credit worthiness
pursuant to Section 18L(4) of The Privacy Act, 1988, following the
receipt of a credit report for the purpose of assessing the Commercial
Credit Application (e) disclose a report concerning that person, or any
information derived from such a report, to another credit provider who
requests the report or information for the purpose of assessing an
application by that person for credit.2. A credit reporting agency in possession or
control of a credit information file relating to either the Applicant/s
or a partner or a director of the Customer may disclose personal
information contained in the file to the Supplier (a) pursuant to
Section 18K (b) of The Privacy Act, 1988, (b) pursuant to Section 18K
(1) c of The Privacy Act, 1988.

(v) The Customer and Applicant/s HEREBY
unconditionally agree and authorise the Supplier for the duration of
this agreement and from time to time as the Supplier shall require, to
seek information from a Credit Reporting Agency such consumer
Information about the Customer and/or Applicant/s as shall be permitted
to be kept by a Credit Reporting Agency, if this application is for
commercial credit AND to seek information about the Customer and/or,
Applicant/s as shall be permitted to be kept by a Credit Reporting
Agency from time to time as the Supplier shall require, such commercial
information if this application is for consumer credit.(vi) The Customer and Applicant/s HEREBY agree and
authorise the Supplier to undertake any credit checking of trade
references it requires now and from time to time to assess the
Customer’s and/or the Applicant/s’ ability to fully meet its and/or
their obligations to pay the Supplier.(vii) If this application is approved by the
Supplier and the Customer or Applicants name the Supplier as a reference
to another party, the Customer and Applicant/s hereby warrant that such
other party shall be a credit provider as defined by the Privacy Act,
1988 and the Customer and Applicant/s hereby authorise the Supplier to
release to any such party any information in relation to the Customer’s
account with the Supplier.(viii) The Customer and Applicant/s hereby
indemnify the Supplier against all losses or damages suffered by the
Supplier in supplying that information to another credit provider and
the Customer and Applicant/s shall release the Supplier from all claims,
demands, proceedings, suits, damages and losses of whatsoever nature
suffered by the Customer and/or Applicant/s arising therefrom.

(ix) Access to information: The Customer and
Applicant/s may access any personal information that the Supplier holds
about it or them by contacting the Supplier’s office on (08) 9337 3711.

26. JURISDICTIONAll contracts between the Supplier and the Customer
and/or Applicant/s for the sale of Goods shall be construed according to
the laws of the State of Western Australia and the jurisdiction for the
hearing of any dispute arising out of any contract between the Supplier
and the Customer and/or the Applicant/s for the sale of Goods shall be
in the State of Western Australia.

27. ACCEPTANCE OF THIS APPLICATION FOR CREDITIf this application is accepted by the Supplier and
a credit account is opened in the name of the Customer, the Supplier
shall notify the Customer in writing within fourteen (14) days of the
date of this Application. The Customer and/or the Applicant/s shall not
have a trading account on a credit account basis with the Supplier until
and unless the Customer receives that written notification of acceptance
from the Supplier.

28. TERMINATIONThis agreement may be terminated if:(a) The Customer or Applicant/s fails to observe or
perform any of these Terms and Conditions, which it or they have agreed
to observe and perform;(b) Any representations, warranties or undertakings
made by the Customer or Applicant/s are found to be incorrect or
misleading when made;(c) Either the Customer or Applicant/s enters into
any arrangement of whatsoever nature, whether formal or informal, with
its or their creditors;(d) An encumbrance or security interest given by
the Customer or Applicant/s in favour of a third party other than the
Supplier becomes enforceable;(e) There occurs in the opinion of the Supplier any
change in the activities, financial standing or credit worthiness of the
Customer or Applicant/s which adversely affects its or their ability to
perform or observe its or their obligations under these Terms and
Conditions;(f) The Supplier decides for any reason to cease to
supply Goods to a Customer or the Applicant/s at anytime, with or
without reason;Then the Supplier shall be entitled to terminate
this agreement forthwith and in such event, all monies owing by the
Customer to the Supplier shall become immediately due and payable and
the Supplier shall have no obligation under this or any other contract
to supply Goods to the Customer.

29. INTERPRETATIONWhere the context so admits:-(a) Words importing the singular shall be deemed to
include the plural and vice versa,(b) Words importing the masculine gender include
all other genders and any obligation by two or more persons shall bind
them jointly and severally AND any reference to any party shall include
the administrators, executors and successors of that party (as the case
may be),(c) Words importing persons include corporations,(d) the expression ‘the Customer’ shall include any
nominee of the Customer as well as the persons signing these Terms and
Conditions on behalf of the Customer to whom credit may be given by the
Supplier, alone, jointly or additionally to the Customer specified
herein,(e) The expressions ‘Credit Reporting Agency’,
‘Commercial Credit’ and ‘Consumer’ have the same meanings as given these
expressions in The Privacy Act, 1988. (f) Where there is any inconsistency between the
Terms and Conditions of this application and any subsequent agreement
between the parties for the supply of Goods by the Supplier, any such
subsequent agreement shall be read down to the extent necessary to give
full force and effect to the Terms and Conditions of this application.